Immigration Insights
Business Immigration Guides
Strategic guidance for Seattle-area employers on sponsoring foreign talent, maintaining compliance, and building an effective immigration program for your organization.
Immigration Insights
Business Immigration Guides
Strategic guidance for Seattle-area employers on sponsoring foreign talent, maintaining compliance, and building an effective immigration program for your organization.
Employer-Sponsored Immigration Overview
Business immigration encompasses the full range of visa categories and processes that employers use to hire and retain foreign national workers. For Seattle-area companies competing in technology, healthcare, engineering, and other high-demand fields, a well-structured immigration program is a strategic advantage. Employer-sponsored immigration requires the company to take an active role as petitioner, filing petitions and applications on behalf of the foreign worker. This creates legal obligations for the employer, including wage requirements, working condition standards, and recordkeeping duties that must be maintained throughout the worker's employment. Understanding these responsibilities from the outset is essential to avoiding compliance issues and building a sustainable talent pipeline.
Key Work Visa Categories for Employers
| Visa Type | Purpose | Typical Duration | Annual Cap |
|---|---|---|---|
| H-1B | Specialty occupation workers with a bachelor's degree or equivalent | 3 years (extendable to 6) | 85,000 (with exemptions) |
| L-1A | Intracompany transferee in a managerial or executive role | Up to 7 years | No cap |
| L-1B | Intracompany transferee with specialized knowledge | Up to 5 years | No cap |
| O-1 | Individual with extraordinary ability or achievement | Up to 3 years (extendable) | No cap |
| TN | Canadian and Mexican professionals under USMCA | Up to 3 years (renewable) | No cap |
| E-2 | Treaty investor visa for nationals of treaty countries | Up to 5 years (renewable) | No cap |
| EB-1 | Employment-based first preference immigrant visa (green card) | Permanent | 40,040 annually |
| EB-2 | Employment-based second preference immigrant visa (green card) | Permanent | 40,040 annually |
| EB-3 | Employment-based third preference immigrant visa (green card) | Permanent | 40,040 annually |
Visa Type
H-1B
Purpose
Specialty occupation workers with a bachelor's degree or equivalent
Typical Duration
3 years (extendable to 6)
Annual Cap
85,000 (with exemptions)
Visa Type
L-1A
Purpose
Intracompany transferee in a managerial or executive role
Typical Duration
Up to 7 years
Annual Cap
No cap
Visa Type
L-1B
Purpose
Intracompany transferee with specialized knowledge
Typical Duration
Up to 5 years
Annual Cap
No cap
Visa Type
O-1
Purpose
Individual with extraordinary ability or achievement
Typical Duration
Up to 3 years (extendable)
Annual Cap
No cap
Visa Type
TN
Purpose
Canadian and Mexican professionals under USMCA
Typical Duration
Up to 3 years (renewable)
Annual Cap
No cap
Visa Type
E-2
Purpose
Treaty investor visa for nationals of treaty countries
Typical Duration
Up to 5 years (renewable)
Annual Cap
No cap
Visa Type
EB-1
Purpose
Employment-based first preference immigrant visa (green card)
Typical Duration
Permanent
Annual Cap
40,040 annually
Visa Type
EB-2
Purpose
Employment-based second preference immigrant visa (green card)
Typical Duration
Permanent
Annual Cap
40,040 annually
Visa Type
EB-3
Purpose
Employment-based third preference immigrant visa (green card)
Typical Duration
Permanent
Annual Cap
40,040 annually
Employer Compliance Essentials
- Maintain a Public Access File for each H-1B worker containing the LCA, prevailing wage documentation, and notice of filing
- Pay at least the required wage (the higher of the prevailing wage or the actual wage paid to similar employees)
- Ensure working conditions for H-1B workers are consistent with those provided to U.S. workers in similar positions
- File amended petitions when there are material changes in employment terms, including worksite location, job duties, or salary
- Complete Form I-9 verification for all new hires and reverify employment authorization before expiration for applicable workers
- Maintain records of all immigration filings, approvals, and correspondence for the required retention period
- Notify USCIS if an H-1B worker is terminated before the end of the authorized validity period
- Post required notices at the worksite or electronically when filing LCAs for H-1B positions
Strategic Workforce Planning
The most effective business immigration programs are proactive rather than reactive. Seattle employers should evaluate their hiring pipeline at least 6 to 12 months in advance to account for H-1B lottery timelines, PERM labor certification processing, and green card backlogs. Building a structured immigration timeline into your talent acquisition strategy helps avoid costly gaps in employment authorization and ensures continuity for critical roles.
For Employers
Build a Stronger Immigration Program
Our attorneys work with Seattle employers of all sizes to design compliant, efficient immigration programs that support your hiring goals and protect your organization.
Have Questions About Your Immigration Options?
Our team can help you understand how these immigration topics apply to your specific situation.
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